While I was doing my usual visit to the Southwestern University (SWU) Cebu City Philippines, School of Law alumni association friendster group, I cam across a very heated issue. The issue that was started by an unknown topic starter stated, "2007 Bar exam Passers are phonies."
Curious, I click on the post and it contained a link to a forum where a heated discussion was going on about the allegedly fake lawyers, courtesy of the 2007 Bar Exam. I gave an argument in the SWU Alumni Association Friendster group in response to his statement stating why I think he has erred in concluding that the 2007 bar exam passers are fake lawyers. Below is my answer:
Though this may be hard to take in, but the individual who has stated that the 2007 Bar Exam produced unreal lawyers has turned himself into a complete idiot with his flawed argument. For the knowledge of everyone, I am not a 2007 Bar Exam passer.
This individual's major premise states that "Under the Rules of Court, a bar examinee is deemed to have passed if he obtains a general average of 75 percent in all subjects without falling below 50 percent in any subject."
And his Minor premise also states that "The passing rate was adjusted from the traditional 75 percent to 70 percent last 2007. Because of this, the Bar Committee then lowered the disqualification rate on Labor and Civil Law from 50 to 45 percent.
Base on those two premises he then concluded, "Because of these, I consider the 2007 bar exam passers as fake lawyers with the reason that they did not satisfy the standards required by the Rules of Court."
Such insane line of thinking! This topic starter's thinking was based on the premise that the Rules of Court are can never be changed. Consequently, he also forgot that the 1987 constitution, Article VIII, Sec. 5 subpar. 5, provides that "The Supreme Court shall have the following powers . . . Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, THE ADMISSION TO THE PRACTICE OF LAW, the integrated bar . . . "
In layman's term, the Supreme Court has the power to decide on who will be qualify to the bar. The Supreme Court's action in lowering the passing rate of the 2007 bar exam remains correct and it is within the scope of what is mandated by the Constitution. Letifico ut idots (Cheers to idiots)
Curious, I click on the post and it contained a link to a forum where a heated discussion was going on about the allegedly fake lawyers, courtesy of the 2007 Bar Exam. I gave an argument in the SWU Alumni Association Friendster group in response to his statement stating why I think he has erred in concluding that the 2007 bar exam passers are fake lawyers. Below is my answer:
Though this may be hard to take in, but the individual who has stated that the 2007 Bar Exam produced unreal lawyers has turned himself into a complete idiot with his flawed argument. For the knowledge of everyone, I am not a 2007 Bar Exam passer.
This individual's major premise states that "Under the Rules of Court, a bar examinee is deemed to have passed if he obtains a general average of 75 percent in all subjects without falling below 50 percent in any subject."
And his Minor premise also states that "The passing rate was adjusted from the traditional 75 percent to 70 percent last 2007. Because of this, the Bar Committee then lowered the disqualification rate on Labor and Civil Law from 50 to 45 percent.
Base on those two premises he then concluded, "Because of these, I consider the 2007 bar exam passers as fake lawyers with the reason that they did not satisfy the standards required by the Rules of Court."
Such insane line of thinking! This topic starter's thinking was based on the premise that the Rules of Court are can never be changed. Consequently, he also forgot that the 1987 constitution, Article VIII, Sec. 5 subpar. 5, provides that "The Supreme Court shall have the following powers . . . Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, THE ADMISSION TO THE PRACTICE OF LAW, the integrated bar . . . "
In layman's term, the Supreme Court has the power to decide on who will be qualify to the bar. The Supreme Court's action in lowering the passing rate of the 2007 bar exam remains correct and it is within the scope of what is mandated by the Constitution. Letifico ut idots (Cheers to idiots)
About the Author:
Zigfred Diaz is Vice president for operations for a group of family owned corporations. He is also a Financial & Real estate broker, lawyer, law professor & writer. He regularly blogs about several topics including finances and Philippine law for more information visit his blog today.
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